Judgement

BACHAWAT, J. : W. P. No. 199 of 1967, C. A. No. 1971 of 1966 and Cr. As. Nos. 164-168 of 1966 raise common questions as to the validity of the notifications declaring a market area and establishing a market for agricultural produce in Gaya and the legality of the levy of market fees and licence fees herein under the Bihar Agricultural Produce Markets Act, 1960 (Bihar Act 16 of 1960) and the Bihar Agricultural Produce Markets Rules 1962. The contentions are that (1) the notification declaring the market area is void as the notified market area is too wide, (2) the market committee has not established any market and in the absence of a market and a lawful market area, the provisions of the Act and the Rules are not enforceable in the area. (3) the fees are in the nature of taxes and are illegally levied as no services are being rendered by the market committee, and (4) the enforcement of the Act and the Rules in Gaya without implementing them in the whole of Bihar is discriminatory and violative of Article 14 of the Constitution. W. P. No. 199 of 1967 is a writ petition filed in this Court. C. A. No. 1971 of 1966 is an appeal from an order of the Patna High Court dismissing